Flight Delays – Airport Parking Shop Bloghttps://www.airport-parking-shop.co.uk/blog
Comparing Parking PricesWed, 13 Dec 2017 13:07:16 +0000en-UShourly1https://wordpress.org/?v=4.8Flight delayed or cancelled? Brits fail to claim their dueshttps://www.airport-parking-shop.co.uk/blog/brits-fail-claim-dues/
https://www.airport-parking-shop.co.uk/blog/brits-fail-claim-dues/#respondMon, 01 Sep 2014 11:56:33 +0000http://www.airport-parking-shop.co.uk/blog/?p=818As you will know if you have read our blog post on the subject, EU law states that passengers can claim compensation for overbooked, delayed or cancelled flights. It seems, however, that not all of us who are entitled to claim actually do so. In fact, according to German compensation claims firm Flightright, there is […]

As you will know if you have read our blog post on the subject, EU law states that passengers can claim compensation for overbooked, delayed or cancelled flights.

It seems, however, that not all of us who are entitled to claim actually do so. In fact, according to German compensation claims firm Flightright, there is more than half a billion pounds unclaimed by some 1.6 million travellers in the UK.

Their figures are based on an evaluation of 3 million flights, and it is not just Brits who are proving to be unsavvy travellers. German passengers have failed to claim over £468 million, Spanish over £400 million and French over £355 million. Passengers have up to six years to make their claim so it is not too late.

A few weeks ago, the tail end of Hurricane Bertha caused misery for travellers and many flights were cancelled or delayed. One passenger who had come down to London for the weekend and was due to return to Leeds from Heathrow on the Sunday evening could not fly home until the next day. He was unaware that he could claim compensation, wrongly believing that because the airline had told him of the cancellation on the Saturday and were putting him on the Monday flight at no extra charge they had done their bit. He also assumed that bad weather would constitute an exceptional circumstance, meaning that the airline had no obligation to pay him compensation. However, since other flights were leaving Heathrow on the Sunday and this particular airline had merely chosen for operational reasons to cancel certain flights (on the grounds that take-off and landing were taking far longer than usual) the exceptional circumstance rule did not apply.

One instance where the exceptional circumstance rule does apply is in the case of political instability, such as in the Middle East. A few weeks ago various airlines from America, Canada and the UK cancelled flights to Tel Aviv after a rocket landed close to the airport.

One UK carrier who took the advice of the European Aviation Safety Agency was easyJet. It undertook to do all it could to look after its passengers who were trying to return home from the war-torn region, saying it would put them up in “suitable and secure hotel accommodation” and get them home as soon as possible.

It also went the extra mile by saying that any passengers who were due to travel in the next 14 days to Tel Aviv but were now disinclined to do so could change their dates.

]]>https://www.airport-parking-shop.co.uk/blog/brits-fail-claim-dues/feed/0Technical defects no longer considered “extraordinary circumstances”https://www.airport-parking-shop.co.uk/blog/technical-defects-longer-considered-extraordinary-circumstances/
https://www.airport-parking-shop.co.uk/blog/technical-defects-longer-considered-extraordinary-circumstances/#respondMon, 14 Jul 2014 10:23:51 +0000http://www.airport-parking-shop.co.uk/blog/?p=702You could be forgiven for assuming that if your flight is delayed because of a technical hitch you will be entitled to free food and drink, accommodation and even financial compensation. However, as readers of our blog post on compensation will know, airlines have, up until now, been able to wriggle out of paying up […]

You could be forgiven for assuming that if your flight is delayed because of a technical hitch you will be entitled to free food and drink, accommodation and even financial compensation. However, as readers of our blog post on compensation will know, airlines have, up until now, been able to wriggle out of paying up if there have been “extraordinary circumstances”.

These had until very recently been deemed to include technical problems unless they had arisen due to lack of maintenance. In other words, if the cause of the delay could be proved to be out of the airline’s control, no compensation was due to the flying public, no matter how long the delay and despite the fact that the situation in other European countries was far more favourable for the passenger.

Now, however, Ronald Huzar, a passenger whose Jet2 flight from Malaga to Manchester in Oct 2011 was delayed by 27 hours, has sniffed victory, having seen the airline fail to sway the judge in the Court of Appeal.

Mr Huzar had initially had his claim for compensation turned down in Stockport County Court but was subsequently successful in his appeal at Manchester County Court. It was against this decision that Jet2 fought in the Appeal Court. This hearing concluded Mr Huzar’s lengthy battle for compensation and opened the floodgates for other passengers who have had their claims for compensation refused on the grounds of “extraordinary circumstances”.

Mr. Huzar’s flight had been delayed by a wiring defect in the fuel valve circuit which, according to Jet2, “could not have been prevented by prior maintenance or prior visual inspection. It was unexpected, unforeseen and unforeseeable and as such amounted to an ‘extraordinary circumstance’.”

The presiding judge, Lord Justice Elias, did not, however, accept that the “extraordinary circumstances excuse” applied in this case and listed only freak weather, strikes, air traffic control problems and terrorism as valid events beyond the control of the airline. Whilst accepting that the problem, which he acknowledged as being “not without difficulty” was “unforeseen and unforeseeable”, the judge said that this was not a reason to refuse compensation since unforeseen problems could be expected to occur from time to time. Indeed, as Lord Justice Elias went on to say, “difficult technical problems arise as a matter of course in the normal exercise of the carrier’s activity”.

Around a third of all delays and cancellations are caused by technical defects, meaning the judgment has huge implications for the air industry, with airlines no longer able to wriggle out of their responsibilities to passengers.

A representative of Bott and Co, Mr Huzar’s lawyers, said that the outcome was a huge victory for the millions of passengers who have been wrongfully denied compensation in the past amounting to billions of pounds.

Passengers affected by the judgment should contact their airline to claim compensation and, in support of their claim, cite the case of Huzar v Jet2. It should be noted, however, that Jet2 intend to appeal to the Supreme Court and it is likely that airlines will seek to delay paying compensation until the outcome of the airline’s appeal is known.

]]>https://www.airport-parking-shop.co.uk/blog/technical-defects-longer-considered-extraordinary-circumstances/feed/0Know Your Rights: When Your Flight is Delayedhttps://www.airport-parking-shop.co.uk/blog/flight-delayed/
https://www.airport-parking-shop.co.uk/blog/flight-delayed/#commentsFri, 28 Feb 2014 12:27:49 +0000http://www.airport-parking-shop.co.uk/blog/?p=396There is nothing more annoying than arriving at the airport to discover that your flight has been significantly delayed. Don’t take it lying down: read on to see whether you are entitled to assistance such as free calls, free food and free accommodation or even a cash sum in compensation. In practice anyone flying out […]

There is nothing more annoying than arriving at the airport to discover that your flight has been significantly delayed. Don’t take it lying down: read on to see whether you are entitled to assistance such as free calls, free food and free accommodation or even a cash sum in compensation.

In practice anyone flying out of the UK will be protected by the Denied Boarding Regulations. This is because these regulations apply to anyone flying on an EU-based airline (including budget carriers) OR anyone flying with a non-EU-based airline from an EU airport (i.e. all UK airports). Anyone flying from a non-EU airport on a non-EU carrier is not entitled to the same level of assistance and you will have to look at the airline’s Condition of Carriage to see what their duty of care is.

Requirements

Whether or not you are entitled to anything depends on the length of your flight and the length of your delay. You must fall within one of the following categories:

– A flight of 932 miles or less with a delay of at least 2 hours
– A flight of more than 932 miles within the EU with a delay of at least 3 hours
– A flight outside the EU of between 932 and 2,174 miles with a delay of at least 3 hours
– Any other flight with a delay of at least 4 hours

So long as you fall into one of the above categories you are entitled to:

– Two free telephone calls, emails, telexes or faxes
– Free food and drink depending on the time of day
– Free hotel accommodation and transport between there and the airport if the flight is delayed to the following day

Further points to note are as follows:

– If your flight is delayed for five hours or more, you can elect to receive a refund instead of flying
– In order to qualify for assistance or compensation of any kind you must have checked-in on time and have a confirmed booking
– An EU airline is defined as one that has its headquarters and main place of business in an EU country
– The regulations do not apply if you are travelling free of charge
– The airline may offer you vouchers instead of money, but you are not obliged to accept this
– As of June 2014 the financial compensation levels will change and will only be paid if the delay is a minimum of five hours

Financial Compensation

Financial compensation is due as follows:

– For flights up to 932 miles delayed by more than 3 hours – 250 Euros
– For flights over 932 miles and within the EU delayed by more than 3 hours – 400 Euros
– For flights outside the EU between 932 miles and 2,175 miles delayed by more than 3 hours – 300 Euros
– For flights over 2,175 miles delayed by between 3 and 4 hours – 300 Euros
– For flights over 2,175 miles delayed by more than 4 hours – 600 Euros

Extraordinary Circumstances

The only time the airline can wriggle out of paying you the financial compensation detailed above is where there are “extraordinary circumstances”. You will, however, still be entitled to the assistance package i.e. free calls, refreshments, overnight accommodation and transport.

However, what exactly is meant by the phrase “extraordinary circumstances”?

Extraordinary circumstances are circumstances out of the airline’s control such as a security problem, political unrest, extreme weather, strikes or technical problems unless these have arisen due to lack of maintenance.

It is not unheard of for airlines to stretch the meaning of “extraordinary circumstances” so if, for instance, you see that other airlines are managing to take off on time during an extreme weather event but yours is not, it may be worth challenging the airline’s decision on compensation. If you are still not happy, the Civil Aviation Authority may be able to help.

Although strikes are regarded as extraordinary circumstances, this only applies to the actual day of the strike. Although you will not be entitled to financial compensation on the day of a strike you will still be entitled to assistance such as free calls, food and accommodation. If planes are in the wrong place the following day because of the strike and this causes a delay to your flight, then the normal compensation rules apply.

Late to collect your parked car?

If your flight back to the UK is cancelled or delayed and your car is in an airport car park, you are likely to be charged for the excess parking period at the normal “gate rate” so unfortunately you will not get the benefit of any special deals.

After the Icelandic volcanic disruption a few years ago many car park operators waived the extra fee so long as passengers were able to provide evidence of the date on which they should have arrived home. This, however, was a one-off and unlikely to be repeated by car park operators. Your airline is not likely to pay your extra parking costs, given that the compensation under the Denied Boarding Regulations is designed to cover such consequential costs.

If you are struggling to write a letter claiming compensation, there are several templates online including one from the Daily Mail and the consumer magazine Which?.